State v. Carter’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““First, the defendant must raise a Bat-son challenge with regard to one or more specific venirepersons struck by the state and identify the cognizable racial group to which the venireperson or persons belong. The trial court will then require the state to come forward with reasonably specific and clear race-neutral explanations for the strike. Assuming the prosecutor is able to articulate an acceptable reason for the strike, the defendant will then need to show that the state’s proffered reasons for the strikes were merely pretextual and that the strikes were racially motivated.'””

   2 later decisions quote this exact passage
   e.g. State v. Mosely · State of Missouri v. Roscoe R. Meeks

2. “Reviewing courts will rarely find plain error in closing remarks when the challenging party did not object at trial because any action on the part of the court would be uninvited. State v. Perry, 275 S.W.3d 237, 245 (Mo. banc 2009); see State v. Silvey, 894 S.W.2d 662, 670 (Mo. banc 1995) (declining plain error review of prosecutor statements in closing argument because relief is rarely granted in such situations). The defendant’s failure to object to an improper argument is often strategic, and uninvited intervention may emphasize the matter in a way the defendant chose not to. Perry, 275 S.W.3d at 245 .”

   1 later decision quote this exact passage
   e.g. STATE OF MISSOURI, Plaintiff-Respondent v. WILLIAM J. KEARNES

3. “To prevail under the plain error standard, the defendant must show that the statements during closing argument had a decisive effect on the jury.”

   1 later decision quote this exact passage
   e.g. State v. Beck